Ordinance 1175ORDIN}1NCE N0. 1175
• AN Ct2DINANCE CF' THE CITY OF CUPERTINO ANIII~IDING TITLE 15
OF THE MUNICIPAL OCOE BY ADDING THEREDD SECPION 15.30
ENTITLID "C~206S-QONfIDLTIONS ADID BACRa!'iL7in1 PROTECTION"
The City Council of the City of Cupertino does oniain as follawss Title 15 is
hereby amended by adding thereto Section 15.30, entitled "Cross-Causectians and
Backflow Pmtectirn" to read as follows:
15.30 Cross~onnections and Badcflow Protection
15.30.01 Definitions
15.30.02 Where Protection Required; Type of Protection
15.30.03 Consumer Responsibility
15.30.04 Inspections, Records, Cost
15.30.05 Point of Connection
15.30.06 Nrn-Ca~lianae, Discontinued Service, Notice
15.30.07 Evaluation and Elimination of Existing Cross-Oonnecticns
15.30.08 Starx3anis
15.30.01 Definitions. For the purpose of this Chapter, unless it is plainly
evident from the context that a different meaning is intended, certain terms used
herein are defined as follows:
1. Air-Gap Separation means a physical break between a supply pipe and a
receiving vessel. The air-gap shall be at least double the diameter of the supply
pipe, measured vertically above the top rim of the vessel, and in no case .leas than
one inch.
2. Approved Check Valve means a check valve that seats readily and oa:pletely.
Its movable parts must be free moving and the valve must be watertight. The face of
the closure element and valve seat must be bronze, oompositian, or other
noncorrodible material which will seat tightly urrler all prevailing crnditions of
field use. Pins and bushing shall be of bronze or other noncorroclible, nonstickinq
material, machined for easy dependable operation. The closure element (e.g.,
clapper) shall be internally weighted or otherwise internally equipped to prarote
rapid and positive closure in all sizes where this feature is obtainable.
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3. Approved Double Check Valve Assez-ibly means an assembly of at least two
independently acting approved check valves with tightly closing shutoff valves on
each side of the check valve assembly. Suitable leak detector drains, plus
connections available for testing the water tightness of each check valve shall be
provided. Unless otherwise authorized by the Director, a pressure relief valve,
rated at no more than 50 p.s.i, greater than the water service pressure, shall be
installed on the downstream side of the double check valve assembly.
4. A roved Reduced Pressure Princi le eadcflow Prevention Device means a device
incorporating two or crore valves th an automatically operating differential
relief valve located between two checJcsr two shutoff valves, and necessary
appurtenances for testing. The device shall operate to maintain the pressure in the
zone between the two check valves, at less than the pressure on the public water
supply side of the device. At cessation of normal flow the pressure between the
check valves shall be less than the supply pressure. In case of leakage of either
check valve, the differential relief valve shall operate to maintain this reduced
pressure by discha_-ginq to the atmosphere. When the inlet pressure is twv pounds
per square inch or less, the relief valve shall open to the atmosphere thereby
providing an air-gap in the device. 1b be approved these devices mist be readily
accessible for maintenance and testing and installed in a location where no part of
the device will be submerged. Unless otherwise authorized by the Director, a
pressure relief valve, rated at no more than 50 p.s.i. greater than the water
service pressure, shall be installed on the downstream side of the reduced pressure
principle backflow prevention device.
5. A roved Water Su 1 means any water supply approved by, or under the public
health superv s on o a public health agency of the State of California, the Oounty
of Santa Clara, or the City of Cupertino. In determining what constitutes an
approved water supply, the Department of Public Health of the State of California
(herein called State Department of Public Health) shall have the final judgment as
to its safety and potability. The water system of the City of Cupertino shall be
deemed part of an approved water supply.
6. Auxili Water Su 1 means any water supply on or available to the premises
other than the C ty water supply.
7. Cit Health Officer means the Santa Clara County Health Officer, his
ass si fonts, or h s des goofed representatives.
8. City Water~Su 1 mans an approved water supply sold and delivered to
consumers' premises by the City of Cupertino. The waster systsn of the City of
Cupertino shall be deemed part of an approved water supply.
9. Contamination means an impairment of the quality of the City water supply by
the presence of any organic, inorganic, or radiological substance to a degree which
creates a hazard as determined by the City Health Officer.
10. Cross~onnection means any connection unprotected. between any part of the
City water system used or intended to supply water for drinking purposes and any
source or system containing water, and such scarce or systan is not an approved
water supply.
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11. Director means the Director of Public Works of the City of Ctipertino, or his
authorized representatives.
12. Protective Device means any of the following devices:
A. Air-Gap Separation
B. Approved Reduced Pressure Principle Backflow Prevention Device
C. Approved Double Check Valve Assembly
13. Service Connection means the terminal and of a water service from the City
water supply at is point of delivery to the consumer. If a meter is installed,
"Service Connection" means the downstream end of the meter.
15.30.02 Where Protection R ired• of Protection
A. Auxili Water Su 1 Unless the Nary Water Supply is an
Approved Water Supply or s accep as an additional source by the Director and is
approved by the State Department of Public Health, each Service Connection
furnishing water to Premises having an Auxiliary Water Supply shall be protected
against the backflow of water from the Premises into the City Water Supply.
1. If the Auxiliary Water Supply is not an Approved Water Supply, or if
it is not approved and accepted as an additional source, and the Auxiliary Water
Supply is handled in a separate piping system with no known Cross-Cainection, the
City Water Supply shall be protected by an Approved Double Check Valve Assembly
installed at the Service Connection. When the Auxiliary Water Supply is, or is
likely to be Crntaminated, the Director may order the City Water Supply to be
protected by an Air-Gap Separation or an Approved Reduced Pressure Principle
Backflow Prevention Device installed at the Service Connection.
2. if the Auxiliary Water Supply is not an Approved Water Supply, or if
it is not approved and accepted as an additional source, and Cross-Connections are
known to exist between the City Water Supply and the Auxiliary Water Supply which
cannot presently be eliminated, the City Water Supply shall be protected by an
Approved Re3uoed Pressure Principle Backflow Prevention Device installed at the
Service Crnnectirn. An Approved Double Check Valve Assembly may be used in lieu of
such device, but only as approved by the Director and the City Health Officer.
When the Auxiliary Water Supply is, or is likely to be Contaminated, the
Director may order the City Water Supply to be protected by an Air-Gap Separation
installed at the Service Connection.
B. Toxic or Hazardous Substances Under Pressure. The City Water Supply
shall be protected by an Air-Gap at the Service on to any Premises en which
any material dangerous to health or toxic substance in toxic concentration is, or
may be handled under pressure. The air-gap shall be located as close as practicable
to the service cock and all piping between the service cocJc and receiving facilities
shall be entirely visible. If these conditions cannot reasonably be met, the City
Water Supply shall be protected with an Approved Reduced Pressure Principle Badcflow
Prevention Device which is approved and accepted by both the Director and the City
Health Officer.
C. Toxic or Hazardous Substances Not Under Pressure. The City Water
Supply shall be prot an App R Pressure Principle Backflaw
Prevention Device installed at the Service Connection to any Premises on which any
material dangerous to health or toxic substance in hazardous concentration is not
hanc}led under pressure, but is otherwise handled in such a manner as to constitute a
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Cross~onnectio~n. The Director and City Health Officer may deem this sub-paragraph
to be complied with without the required installations, if the Consumer maintaining
such cross-mr-nections takes measures to adequately separate such objectionable
materials from the City Water Supply, and such measures cause the Director and City
Health Officer to be satisfied that the City Water Supply will be securely
protected. An Approved Reduced Pressure Principle Backflow Prevention Device may be
used in lieu of such device if approved and accepted by the Director and the City
Health Officer.
D. Nan-Hazazdous Substances. If a substance that would be objectionable,
but not necessarily hazardous to health, could be introduced into the City Water
Supply, the City Water Supply shall be protected by an Approved Dcuble CherJc Valve
Assembly at the Service Connection.
However, if the Crass-Connection is abated by means approved by the City
Health Officer and the Director, no protective device shall be required.
E. Sew a Treatment Plants and in Stations. The City Hater Supply
shall be pro an r-Gap Separat on at the Serv ce Connection to any sewage
treatment plant or sewage pumping station. The air-gap shall be located as close as
practicable to the service Dock and all piping between the service cock and
receiving facilities shall be entirely visible. If these conditions cannot be
reasonably met, the City Water Supply shall be protected with an Approved Reduced
Pressure Principle Hackflow Prevention Device, providing this alternative is
acceptable to both Director and the City Health Officer. Nothing in this paragraph
shall be construed to limit the jurisdiction of the State Department of Health.
F. Miscellaneous Connections. No cronnertions shall be permitted on the
Premises o any Consumer. Each Serv ce Oonnection furnishing water to Pranises on
which Cross~onnection is known or believed by the Director to exist, or on which
any substance is handled in such a manner as to permit backflow into the City Water
System shall be protected against such badcflow. Included in this class of Premises
are those on which occur the handling of process waters and waters originating from
the City Water System which have been subject to change in quality. Protective
Devices shall be installed on the Service Connection to any Pranises on which there
is, or believed to exist any internal Cross-Connections. The Director and the City
Health Officer may dean this sub-paragraph to be cnnplied with without the required
installations, if the Consumer maintaining such Cross-(7onnections takes measures to
adequately separate such objectionable materials from the City Water Supply, and
such measures cause the Director and City Health Officer to be satisfied that the
City Water Supply will be securely protected. All fire sprinklers services shall
have an Approved Double Check Valve Assembly.
15.30.03 Consumer Responsibility. It shall be the sole responsibility of
each Consumer at h s own expense to furnish, install, and keep in good working order
and safe condition any and all Protective Devices required in this Chapter. The
City shall not be responsible for any loss or damage directly or indirectly
resulting from or caused by the improper or negligent installation, operation, use,
repair or maintenance of, or interfering with, any Protective Device by any Consumer
or ary other Person.
The City may, if a policy is adopted by separate Resolution and if a
financial harship exists, fund the installation of the required devices.
Page 4
15.30.04 Inspections and Testing, Records,_ Cost. The City shall have each
device inspected and tested annually. If successive inspections or tests disclose
repeated failures in the operation of any device, the Director may require mire
frequent inspections. Fach device shall be repaired, overhauled or replaced at the
expense of the Consumer whenever it is found to be defective. Records of such
repairs, and overhauls shall be kept and made available to the Director and to the
City Health Officer. The Director shall have the duty of determining that the
inspections required herein are performed properly by a qualified certified firm.
If, after the expiration of forty-eight (4H) hours following the Director's request,
the Consumer fails to have any of the repairs made as required herein or to make the
above described rewrds available, the Director shall have the right to repair the
device and the Consumer shall pay the cost thereof. The cost of any inspection or
testing made by the Director shall be included as a part of the next ensuing
municipal water bill presented to the Consumer.
15.30.05 Point of Connection. No Connection to a City Water Service cam be
made prior to the Serv ce on.
15.30.06 Nan-Ca~liance_~ Discontinued Service, Notice. A. No Water Service
Connect on s all be s 1 on Pr ses o~ any Qonsumer unless the City Water
Supply is protected as required by this Chapter.
B. Delivery of water to the Premises of any Consumer may be discontinued by
the Director if any Protective Device required by this Chapter has not been
installed, inspected, tested and maintained, or is defective, or has been removed or
bypassed.
Page 5
• C. Delivery of water shall be discontinued immediately and without notice to
the Consumer if the Director or City Health Officer determines that either:
• 1. A Protective Device required by this Chapter has not been installed, or
is defective, or has been removed or bypassed; and the City Water Supply is being
contaminated or is in immediate danger of contamination.
' 2. The City Water Supply is being oontandnated or is immediate danger of
Contamination,
Delivery of water shall not be resumed until any Protective Device required by
this Chapter and approved by the Director has been properly installed, or until
approved measures have been taken at the Consumer's Premises to prevent the
Contamination or danger of Contamination, All measures moat be approved by the
Director or City Health Officer.
D. Hocept as provided in Subsection (C), delivery of water shall not be
discontinued until written notice thereof has been given to the Consumer. This
notice shall state:
1. The oonditians or defects. which oust be corrected;
2. The manner in which the stated conditions or defects are to be
corrected; arxi
3. The date on or after which delivery of water will be discontinued, and
which shall not be less than fifteen (15) nor more than ninety (90) days follawinq
the date of delivery or mailing of the notice,
The Director may grant the Consumer an extension of an additional period not
to exceed ninety (90) days if he determines the Consumer has exercised due diligence
in oomQlying with this Chapter. The notice shall be given by delivering the same to
the Consumer, manager or agent thereof, or to any person in charge of, or employed
in the place of business of the Consumer; or, if the Consumer has no place of
business, then at the residence of the Consumer if known, or by leaving the notice
at either the place of business or the residence of the Consumer. If the Consumer
cannot be found and service of the notice cannot be made in the manner provided
herein, then a copy of the notice shall be mailed, postage fully prepaid, addressed
to the Consumer at the place of business or residence set forth in the application
of Consumer for water service in the reconis of the City. Once discontinued,
delivery of water shall not be resumed until any Protective Device required by this
Chapter and approved by the Director has been properly installed, or until the
conditions at the Consumer's Premises creating the need for a Protective Device have
been abated or corrected to the satisfaction of the Director and the City Health
Officer.
15.30.07 Inspections upon Enactment
A. Upon enactment o this Chapter, the City shall inspect all-existing water
services within:
1. Those azeas of the City Water Utility where existing elevations at
meter aze above 550 feet, City datum (Hazard Class I)
2. All existing ooimiercial and industrial services with the City Water
Utility (Hazard Class II) '
B. Mitigation of Hoisting Hazard. The City shall within one year from the
date. of this Ordinance, notify all noncaiplyinq Class I/Class II property owners
that their Premises are not in conformance with the provisions of this Ordinance.
Said notice shall allow the property owner thirty (30) days to appeal the deficiency
notice to the Director. Said notice shall allow the property owner ninety (90) days
Page 6
to have installed and hav~sted the appropriate mitigati rt~asures.
rnmers who fail to install devices shall be su~ct to the provisions of
$ECti9n 15.30.05.
15.30.08 Standards The Director shall adopt and publish City Standards
for file Lnstallatton of the devices required herein. Also, the Director shall adopt
and. publish a list of Approved Devices.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June 1982 and ENACTED at a
regular meeting of the City Council of the City of Cupertino thie'6th
_ day of July , 1982 by .the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Johnson, Plungy. Rogers, Sparks, Catto
None
None
None
APPROVED:
~~ ~
M or City of Cup rtino
ATTEST:
City Clerk